Smith v. Berzel

267 A.D. 930, 46 N.Y.S.2d 775, 1944 N.Y. App. Div. LEXIS 5565

Opinion

Appeal from an order of the Special Term entered in the Ulster County Clerk’s office on September 23, 1943, granting plaintiff’s motion to taire the deposition of a witness before trial. The motion papers show only that the witness, whose examination is sought before trial, is material and important. This is not a sufficient compliance with the provisions of section 288 of the Civil PracticeAct which requires a showing of “ special circumstances ”. Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. All concur.